The Weekly Digest of Montana Law
By lilly
Plan I
David Chichester, low back, 1/21, Weyerhaeuser, Flathead Co., disputes as to wage loss, nature & extent of injury, need for future treatment, $30,000 for all claims, stipulated judgment; Kraig Moore for Chichester, Charlie Smith for Weyerhaeuser [Read more…]
By lilly
PROCEDURE: Service dog case dismissed pursuant to Rule 41(b) for failure of Charging Party to prosecute, not sufficient to tell OAH to “just f__k off”… Hearing Officer Judy Bovington. [Read more…]
By lilly
OFFICER SEXUAL ASSAULT: Law enforcement officers do not as matter of law act outside scope of employment when they use their authority to sexually assault a person they are investigating, question is for trier of fact… answer to 9th Circuit certified question on appeal from Watters’s conclusion that BIA officer who assaulted tribal member was not in course & scope in FTCA case. [Read more…]
By lilly
PRELIMINARY INJUNCTION properly issued in road access dispute based on prima facie case that road was unabandoned county road… Gilbert affirmed. [Read more…]
By lilly
PROBATE: Siblings properly awarded only $1 each from Estate based on Will’s no-contest provision and their challenge to their father’s common-law marriage and widow’s claim for elective share and statutory allowances… Cuffe affirmed (memorandum). [Read more…]
By lilly
INDIANS: District Court had jurisdiction to amend parenting plan for Indians vis-à-vis Tribal Court… Westveer/Olson affirmed. [Read more…]
By lilly
CHILD INCEST: Child’s prior statements regarding alleged “false accusation” of sexual assault properly excluded under rape shield balancing… not clear whether “playing doctor” and “sleeping” with cousin when both were 5 were sexual… conviction of sexual abuse of granddaughter affirmed… Best affirmed. [Read more…]
By lilly
LONG-TERM CARE INSURANCE: Lifetime home care and numerous other claims under Long Term Care Policy and HomeCare Recovery Policy rejected on summary judgment… Christensen. [Read more…]
By lilly
Interim TTD award for low back condition sequelae of leg injury supported by prima facie case with conflicting medical opinions… Sandler. [Read more…]
By lilly
Plan II
Scott McCoy, right shoulder, bruised right ribs, concussion, 1/21, yard leader at Builders First Source, Helena, right rotator cuff repair in 9/21 after which Dr. Stayner declared MMI and released to work with restrictions. Liberty accepted liability, paid wage & medical, disputes as to wage, impairment, voc-rehab, medical, $65,000 new money for all claims, stipulated judgment; Michael Doggett for McCoy, Michael Heringer for Liberty Mutual Ins. [Read more…]